press room

AWO, INTERTANKO, Chamber of Shipping of America Petition to Join U.S. Government Complaint against Commonwealth of Massachusetts

WASHINGTON, DC - The American Waterways Operators (AWO), the national trade association for the American tugboat, towboat and barge industry, the International Association of Independent Tanker Owners (INTERTANKO), the Chamber of Shipping of America, and the Baltic and International Maritime Council have formally petitioned to join a lawsuit filed by the U.S. Government against the Commonwealth of Massachusetts concerning an unconstitutional oil spill law enacted there. The lawsuit filed by the U.S. Department of Justice (Civil Action No. 05-10112 JLT) on January 18, 2005 charges that the Oil Spill Act impermissibly treads on federal jurisdiction, specifically, the jurisdiction of the U.S. Coast Guard, in making rules governing maritime operations in U.S. waters. It also asserts that comprehensive federal regulation already exists in the areas covered by the state Act, and that the Supremacy Clause of the U.S. Constitution provides that federal laws and regulations override any attempt by a state government to legislate or regulate in the same areas. This same provision was upheld against the State of Washington by a unanimous U.S. Supreme Court decision in U.S. v. Locke, 529 U.S. 89 (2000).

The Act was signed into law in Massachusetts on August 4, 2004 in response to a 2003 tank barge accident that resulted in an oil spill in Buzzards Bay. It regulates oil-carrying vessels traveling in interstate and/or international commerce while such vessels are within the waters of Massachusetts. AWO members transport most of the home heating oil and gasoline used in the New England states. The industry asserts that such interstate commerce requires a single, clear set of federal regulatory standards that are uniform from state to state and locality to locality, in order to avoid confusion that could lead to accidents.

AWO President & CEO Thomas A. Allegretti commented, "AWO has a long record of leadership in promoting and embracing measures that contribute to increased marine safety and environmental protection. We believe the U.S. Government has acted appropriately in bringing this lawsuit to assert and protect the U.S. Coast Guard's jurisdiction in matters relating to maritime safety and industry operations in U.S. waters. Furthermore, we believe this lawsuit is necessary to end a situation that threatens the safety of vessels and crews by creating confusion on the water, and compromises the considerable progress that has been made in recent years to protect precious marine ecosystems against accidental harm. In the past decade alone, the tank barge industry has accomplished an 85% reduction in tank barge oil spills and is working hard to achieve a goal of zero spills. We believe that the Oil Spill Act, however well intentioned, is a barrier to that goal."

###